Sue Big Oil: Canadian Municipalities v. Fossil Fuel Giants

Abstract

Climate litigation has become a useful tool to hold governments and corporations accountable over their role in the climate crisis. Indeed, more than 500 lawsuits were filed worldwide - alleging climate inaction, greenwashing tactics, and corporate deception - from 2020 to 2022 alone. Starting in 2018, municipalities across the United States (US) began filing lawsuits against the Carbon Majors, contending these companies should be held financially liable for extreme weather events – exacerbated by fossil fuel extraction and production - and consequent climate adaptation measures. This paper will discuss the Sue Big Oil campaign in BC, which aims to replicate the US litigation, and analyze four case studies from the US and the Netherlands to determine what political lessons – including opportunities to ease the financial impact of climate change, understand the fossil fuel industry’s knowledge of the crisis, make a political statement, and advance equity - the campaign can take from these lawsuits. The paper culminates with recommendations for local elected officials in BC on the benefits and risks associated with a potential class action lawsuit.